New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory exclusion for gradual process/ageing (s10)
  • 21 Nov 1997

    Pirihi v Accident Rehabilitation and Compensation Insurance Corporation

    Citation
    [1997] NZACC 239
    Court
    District Court

    Although the accident precipitated symptomatic osteoarthritis, the underlying cause of the need for the total knee replacement was pre-existing degenerative osteoarthritis; therefore the condition and surgery were caused substantially by a gradual degenerative process excluded by s10, and ACC is not liable.

    • Entitlement to medical treatment
    • Causation
    • Statutory exclusion for gradual process/ageing (s10)
    • Review of administrative decision